OHTA.ca

I had a trial for speeding last week. I asked for my disclosure three times and I did not receive anything.

My plan was simple. Go to court, ask for a stay due to lack of disclosure. I wasn't really expecting my charges to get dropped, but I was expecting the officer to give me the disclosure and get an adjournment to prepare.

I looked at every officer in the court room and outside and I did not see the officer that convicted me. I decided to test the water and try to see if the officer is present by proceeding. This might have been a BIG mistake. I was called up, here is how it went:

JP: are you ready to proceed?

Me: yes

JP: how do you plead

Me: not guilty

JP: calls the officer from a different court room

Me: made my motion to stay charged

JP: denied

From here on the JP sent me out with the officer and refused to adjourn the case. I was forced to go to trial 30 mins later. I argue it was unfair but the JP would not hear it. All in all I ended up guilty.

I know I should have asked for disclosure and adjournment before I entered my plea, but I was so happy that the officer might be away it clouded my judgement.

Do I have grounds for appeal since I brought up my disclosure AFTER I entered my plea?

When were you charged and when did you originally request disclosure?

I requested my disclosure a month after I requested trial, when I got my trial date and a month after I got my trial date.

The JP did not question if I requested my disclosure or not. He simply ditn't see why I would need more than 30 mins to prepare my defense after disclosure was provided to me by the officer in the hallway. Actually I spent 10 minutes talking to the officer so I only had 20 mins to analyze it. He said since I stated "yes" to his "are you ready to proceed" I should have been ready. Like I said I entered my plea, and right after I brought up my lack of disclosure. Was that a BIG mistake?